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Min 11/22/1977496 Wichita Falls, Texas Memorial Auditorium Building November 22, 1977 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock A.M. , with the following members present. J. C. Boyd, Jr. Mayor Hardy McAlister Fred E. Bassett X Carol Russell X Aldermen Ray Ashbrook X W. E. Ryle X Gerald Fox City Manager H. P. Hodge, Jr. City Attorney Gerald Carlson Chief Accounting Officer Wilma J. Thomas City Clerk Jerry Mathis Absent The invocation was given by Mayor Boyd. Item 3 Moved by Alderman McAlister that minutes of the special meeting held October 27, 1977, be approved. Motion seconded by Alderman Russell, and carried unanimously. Moved by Alderman McAlister that minutes of the meeting held November 1, 1977, be approved. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 6e Moved by Alderman Ryle that discussion on a franchise to Southwestern Bell Telephone Company be deferred until December 6 because Alderman Mathis was unable to be present today. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 4a V The public hearing was opened on the proposed 1977 annexation program. John Adams appeared as a resident of the north shore of Lake Wichita. He was also representing 37 property owners at Lake Wichita. He requested an explanation of "emergency measure", as applied to an ordinance, and the City Attorney explained what it meant. Mr. Adams stated that he and 37 other property owners are opposed to annexation without all the city advantages. He mentioned fire hydrants are needed to reduce insurance costs. Money has not been appropriated for sewer service, and they would like to not be annexed until they will be able to receive the service. He feels the City will not keep the road in as good repair as it is now. There is only one dwelling on the north side of the road, which is a wheat farm. He has lived here since 1919, and is concerned with the holes in our city where there are vacant lots and buildings gone. Mayor Boyd noted that the rationale for annexation of this tract includes proper development, revenue, and protection. Mr. Adams stated that he has no plans for his property, other than farming. Mrs. Howard appeared for her mother, Mrs. Pfeiffer. The property is located between Barnett and Gregg Road, on the west side of Barnett. She is unable to farm the land herself. It is leased to someone else to farm. A possible agricultural exemption was mentioned. There are no plans for development at this time, and if there were a way to exempt this property until such time as it is feasible to develop, it would be better. Mrs. Pfeiffer does not live out there. She would have no objections to annexing it at a later time when development is at hand. 497 Item 4a, cont'd. Stan Vickers appeared as President of SAS Corporation. He confirmed that Mrs. Pfeiffer does have a unique situation out there. If there is any way to exempt her, it should be considered. He pointed out that there are four houses in Rolling Hills Estates where people are living. Some are sold and people not living in them, and some are built and not sold. Since they are developing this a phase at a time, they would like to be annexed that way. There seems to be a question of whether all or a part of it can be taken in. The City Manager stated that the proposal before the Board of Aldermen today is to take in the whole tract. Alderman McAlister inquired of Mr. Vickers if he is building all these homes according to city specifications, and he stated that he is. He is building in a test area with fifteen feet wide alleys for rear entry, and twenty-seven foot streets. Utilities are being charged at rates above those located in the city limits. The houses range in price from about 50,000 to $62,500. Leon Sanner, 5007 Lake Shore Drive, inquired concerning draining the lake and raising taxes. Mayor Boyd explained that individual property would be appraised. He also asked Mr. Sanner if he would rather have the lake drained or the water level lowered. Mr. Sanner stated that if the lake were cleaned out the water would not get that high. The public hearing was closed because no one else desired to be heard. Alderman McAlister stated that he cannot see any benefit to the City to annex this property. Mayor Boyd stated that the Planning Board has recommended it. Roger McKinney, Acting Director of Planning, stated that the City has some control over the platting process, but the health, electrical, plumbing, and building codes are not applicable as long as the property is outside the city limits. Alderman Ryle inquired if there were any hogs out there, and some residents spoke up, stating that there were none. There are some horses, but no hogs. The City Manager explained that the Council can set the policy on timing for annexation. The staff feels that the time for annexation is when the property is being developed. There will be some pockets of strictly agricultural property, but with the development started in this area, it will continue. Utilities are in the area and can be extended. What it boils down to is what is the proper timing--before it is developed, or after? The staff feels it should be done in advance, and that would be a good logical policy to follow. Alderman Bassett supported the City Manager's comments. Roger McKinney reported on the procedures utilized by the sub-committee in making their report. There was no citizen input before the sub-committee, but it was discussed at two Planning Board meetings. Alderman McAlister stated that he is not questioning the Planning Board report, but the timing of the annexation process, as Mr. Fox mentioned. He noted that our problems have occured in areas such as streets and utilities. We are exercising the type of control which we need to at present in the planning process. The citizens do not want to be in the city now, but when they do they will petition the city to get in. He is talking about policy, and suggested that we do not annex this area until such time as it does develop and we have an interest from the citizens to be annexed. The City Manager pointed out that we have already been requested, and have furnished street signs to that area so they could get mail delivery. We provide water and sewer extensions outside the city limits because the property will be annexed almost immediately. Sanitation service will not be provided. City Attorney H. P. Hodge stated they did not previously allow water and sewer service outside the city, and people asked to be annexed. Mr. Vickers stated that the City furnished the street signs and they installed them for mail service. Joe Moore appeared representing C. C. Elwood, stating that a water line from Lake Kemp bubbles water on this land. Joe Smith, Director of Public Utilities, stated that this is a water line from Lake Kickapoo, and it is in the process of being repaired. Houses will not be built over this 30 foot easement. The City Manager explained how he could obtain water and sewer service at the landowners expense. Other discussion followed with Alderman McAlister stating that we are talking about annexing 435 acres of land, of which 171 acres has been preliminary platted and 18 acres final platted. Mayor Boyd stated that we could control the annexation if we did not provide water service until it was annexed. Alderman Ryle stated that it seems if a piece of property is preliminary platted, then that is the basis for development. If it is not preliminary platted he can see no reason to annex it. Perhaps we could establish a new policy and instruct the Planning Board to consider for annexation only those areas which are preliminary platted. The City Manager and Joe Smith explained that the sewer system has been designed to take care of the whole tract. Alderman Bassett suggested that we should find out if there is enough interest to modify the policy. Alderman McAlister stated that he is questioning the 498 Item 4a, cont'd. approach which is used for annexation, but he does not have a solution or alternative to offer at this time. Moved by Alderman McAlister that we accept the Planning Board report. Motion seconded by Alderman Bassett, and lost by the following vote: Ayes: Aldermen Bassett and Ashbrook Nays: Aldermen McAlister, Russell, and Ryle Alderman Ryle stated that perhaps we need to change our instructions to the Planning Board. Mayor Boyd suggested that the Planning Board come up with some suggestions for change. Alderman Ryle stated that we want to have a rational annexation policy. We do not need vast areas of land just to have a big city. We need a viable growth policy. The City Manager suggested that perhaps the Council should set a policy. The Planning Board has stated their policy and the Council does not agree with it. It was decided to have a work session with the Planning Board at 1:30 P.M. , Wednesday, November 30, 1977. Item 5a Janett Osborne, an employee of the Park Department, was honored as Employee of the Month for November. Mayor Boyd presented her with a plaque and two tickets each to an interstate theatre, and a restaurant for a meal. Item 5b The request of Community Action Corporation for $20,000 from revenue sharing funds was supported by the review and comment committee of the Community Council. Alderman McAlister asked why this is on the agenda since the revenue sharing budget has been approved. The City Manager explained that at the hearing on revenue sharing this subject was discussed. They asked that this request be channeled through Community Council for their recommendation, and brought back to the Council. It was Alderman McAlister's opinion that funds would be appropriated from funds left over from other projects. He also stated that the Community Council has just said that this is a worthwhile project if we want to spend the money this way--not that we should spend the money. Alderman Bassett feels that we should have a policy on requests for these social agencies. A motion was made by Alderman Bassett to table this matter until we have time to make these studies. The motion died for lack of a second. Alderman McAlister stated that the Community Council report is very thorough. We need to decide what approach we want to take. He does not feel we can judge the merits of this program in a vacuum. This is just one of a number of worthwhile causes which may be waiting for consideration. Moved by Alderman McAlister that we adopt the Community Council report as a viable project and a reasonable request for funding. Motion seconded by Alderman Ryle. Alderman Bassett was of the opinion that this money was initially requested to provide money for additional meals, and in this report they are asking for more equipment and staffing. Tommy Robinson, Chairman of the Board of Directors of CAC, clarified that they had a meals on wheels program, and this is for additional staffing and equipment. He stated that they had made the same type of requests to the other counties in the area they serve. They have not had an answer from these agencies. Angus Thompson stated that this request was for their fiscal year beginning March 1, 1978 and ending February 28, 1979. Tommy Robinson stated that he was of the opinion that there would be monies available if they received a favorable comment from the Community Council. Otis Polk, member of CAC Board, stated that they came to the Council during revenue sharing hearings, asking for the funds. They were reviewed by Community Council. They are asking for $20,000 out of $3,000,000. This has never been requested before in Wichita Falls for community groups. The meals on wheels program has been the only social program which has been funded from revenue sharing funds. The City Manager stated that their request last summer was for $20,000 for support of the centers, with no particular recommendation. The original request to the City for funding support included a request that was going to be made to the other agencies to collect a certain amount of money. Tommy Robinson stated that he did not feel $20,000 is too much to ask to spend for poor people. Following an exchange between Mr. Robinson and Alderman Bassett, he explained to Mr. Robinson that the Council's 499 Item 5b, cont'd. previous decision was based on their best judgment. There are a lot of worthwhile causes which were not funded. This is in no way intended to be a slap toward him, the CAC, or anyone they represent. He would be delighted to fund their program or any other which would be worthwhile, if they have the money. The motion was carried unanimously. Moved by Alderman Ryle that we begin earmarking revenue sharing funds which may be excess from other sources for this purpose. Motion seconded by Alderman Russell. Alderman McAlister stated that they decided that meal::-on-wheels is a worthwhile project, but that it should not be included in revenue sharing funds next year. He is not questioning the need for the funds requested, but he does not think we should fund it out of revenue sharing funds. He believes they should be spent for capital items. Alderman Ryle stated that they indicated their desire that meals on wheels would be included in the budget next year, and he feels this is the same type of seed money program. If it works, then it should also be included in the regular budget next year. We would try it this year as a pilot program to see if we want to fund it out of the regular budget next year. Mayor Boyd commented that he did not know any citizens of our community who work as hard for our community as Mr. Robinson and Mr. Polk. They are conscientious and have an insite into the problems of our community. He stated that we have forestalled a bond issue by having revenue sharing funds available. He feels we should be the leader in this request. He mentioned the auction to be held at the Dillard Building. That might be a source of funds. He requested the City Manager to look at various sources of funding for this purpose. Alderman McAlister stated that he does not want us to get unnecessarily carried away with a good report by the Community Council. Once programs are funded it is hard to get them unfunded. The motion was carried by the following vote: Ayes: Mayor Boyd, Aldermen Russell, Ashbrook,and Ryle Nays: Alderman McAlister (Alderman Bassett was out of the room) Alderman Ryle mentioned some things in the report which he felt the Council should address, such as a barbecue and bus trip out of town. Tommy Robinson stated that they have revised that, and came up with other funds for funding. He stated the trip is an educational trip to the State Capitol and Johnson Library for children and elderly. t Item 5c Henry Dvorken appeared stating that they have secured the consent of 80 percent of the property owners in the neighborhood of 2112 - 2114 9th Street to allow construction of a carport, and the Council does not need to take any action on this matter. Item 5d Donald G. Martin appeared for Foxy Theatre requesting a waiver of Sections 1 and ti:-, ; '` .F 8 of Ordinance 4009 for a non-conforming permit. He stated that this business was owned by an out-of-state company. It took more than 30 days to send the papers to the company and get them returned. The accounting office is in Oklahoma--the owner in California. He stated that the County Attorney has told him that the theatre has complied with their requests in altering the showing of movies of a different kind. He stated that he believes the distance from another business would be more than 1000 feet by walking along the sidewalk instead of as the crow flies. Roger McKinney, Acting Director of Planning, stated that they brought their papers in 68 days after the ordinance was passed, or 38 days late. Moved by Alderman McAlister that the waiver not be granted. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, and Ryle Nays: Alderman Ashbrook 500 Item 6a J A proposed ordinance was presented suspending parking meter enforcement in the downtown area on December 9 for Pioneer Bowl activities. ORDINANCE NO. 3254 AN ORDINANCE SUSPENDING THE ENFORCEMENT OF PARKING METERS ON FRIDAY, DECEMBER 9, 1977, FROM 3:00 O'CLOCK TO 6:00 O'CLOCK IN ORDER TO PERMIT DOWNTOWN ACTIVITIES ASSOCIATED WITH THE PIONEER BOWL PARADE. Moved by Alderman Bassett that Ordinance No. 3254 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 6b A proposed ordinance was presented correcting the dates of Thanksgiving day and Memorial day to conform with recent federal government designations, and adding Christmas Eve as an additional holiday. ORDINANCE NO. 3255 ORDINANCE AMENDING SECTION 2-100 OF THE CODE OF ORDINANCES, ESTABLISHING PUBLIC HOLIDAYS OF THE CITY, TO CORRECT THE DATES OF THANKSGIVING DAY AND MEMORIAL DAY, AND TO ADD CHRISTMAS EVE. Moved by Alderman Ashbrook that Ordinance No. 3255 be passed. Motion seconded by Alderman Bassett. Mayor Boyd noted that the City of Wichita Falls is a major employer. There are a lot of taxpayers in town who do not work for a major employer. Many people work six days a week, and have four holidays instead of six. He stated he will not be able to support this request. He feels that city employees are better off than most of our citizens, and that after we retire we will remember what we did in the way of work, and not because of holidays. Alderman Ryle stated that nationwide one-half of all employees have jobs with a small business. We have 40,000 out of 50,000 employeed in small businesses in Wichita Falls. He concurs with what the Mayor is saying. We are not made up of big businesses, but small ones. The motion was lost by the following vote: Ayes: Aldermen Ashbrook and Bassett Nays: Mayor Boyd, Aldermen McAlister, Russell, and Ryle ORDINANCE NO. 3255 ORDINANCE AMENDING SECTION 2-100 OF THE CODE OF ORDINANCES, ESTABLISHING PUBLIC HOLIDAYS OF THE CITY, TO CORRECT THE DATES OF THANKSGIVING DAY AND MEMORIAL DAY. Moved by Alderman Ryle that Ordinance No. 3255 be passed, deleting December 24 as a holiday. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 6c A proposed ordinance was presented closing Rector Road and Evans Lane in Park f '' Village Addition. 501 Item 6c, cont'd. ORDINANCE NO. 3256 AN ORDINANCE CLOSING AND ABANDONING ALL OF RECTOR ROAD AND ALL OF EVANS LANE WITHIN PARK VILLAGE ADDITION TO THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Ryle that Ordinance No. 3256 be passed. Motion seconded by Alderman McAlister, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, and Ryle Nays: None (Alderman Ashbrook was out of the room) Item 6d A request was made by Mr. Joe D. Turnbow for waiver of the fifteen foot building line limit for a lot abutting Avenue C. He plans to build an apartment building and desires to leave room at the rear for backyard, patio, alley access, trash and garbage removal, and underground utilities. The Planning Board recommended the waiver, however, the staff feels that the City should enforce the same sub-division standards in older areas as it does in new areas. Alderman Ryle felt this is one way to encourage redevelopment of older areas. The City Manager stated that if the Council desires another policy on this matter it would help the staff. Alderman Ryle suggested that perhaps they should address this with the Planning Board. ORDINANCE NO. 3257 AN ORDINANCE WAIVING MINIMUM SETBACK LINE REQUIREMENT ON A CERTAIN LOT IN THE McCUTCHEN'S WEST END ADDITION OF THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Ryle that Ordinance No. 3257 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, and Ryle Nays: None (Alderman Ashbrook was out of the room.) A recess was called at 12:00, and the meeting resumed at 12:40. Item 6f Discussion was held on a proposed ordinance dealing with a hotel and motel occupancy tax. The City Manager explained the provisions of this ordinance, and the use of the revenue received from it. The City Attorney explained that the legislature provided for this tax and listed the purposes for which the revenue could be used. One percent of the funds must be used for advertisement of the city and promotion of tourism. Three percent can be used for anything you want to as long as you stay within the confines listed. No part of the one percent can be used for the arts. Part of the money can be pledged for bonds to finance construction and renovation of the center. Alderman Russell was in favor of this. ORDINANCE NO. 3258 AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A HOTEL AND MOTEL OCCUPANCY TAX; PROVIDING FOR EXEMPTIONS; PROVIDING FOR COLLECTION AND REPORTS CONCERNING THE TAX; PROVIDING FOR THE MAKING OF RULES AND REGULATIONS BY THE DIRECTOR OF FINANCE; PROVIDING FOR A PENALTY AND AN EFFECTIVE DATE. Moved by Alderman Russell that Ordinance No. 3258 be passed. Motion seconded by Alderman McAlister. Alderman Ryle felt we should delete the section which exempted religious, charitable, and educational purposes from the tax. Alderman Bassett feels that we are not in a position to make a determination on our needs until we can make some projections. The City Manager pointed out that we will have no revenue coming in for about a year, and this should be considered for operating purposes. Alderman Russell noted that she has seen many requests for additional funds on items which had been carefully considered because of over-runs, and feels this might be true here. The City Manager spoke of furnishing and operating 502 Item 6f, cont'd. costs for the center. Mayor Boyd feels that because we don't know what we will need is one reason to get some extra money into the pot because it seems almost all the civic centers are losing money. Alderman Ryle commended Don Burkman for filling up our auditorium for shows. Paul Dowdy appeared as the owner of two motels in Wichita Falls. He stated that he is opposed to this tax. Motels are presently collecting a three percent occupancy tax, which goes to the State. He does not favor placing the burden of support of the activities center on one type of business. It is an obligation and expense for collection on them. Jose Gonzales, who is associated with Backdoor Theatre expressed his primary interest for the arts. He requested that the four percent tax be allocated, and after it is passed he will be requesting a portion of it for the arts. Joseph Robertson spoke in favor of financial support for the arts. He stated that we need to determine who will handle the funds, and set up rules and regulations. He stated that International Artists Federation has been founded by three citizens. Alderman Ashbrook returned to the meeting.) He hoped that they could receive some funds to get started. The motion for passage of Ordinance No. 3258 was carried by the following vote: Ayes: Aldermen McAlister, Russell, Ashbrook, and Ryle Nays: Alderman Bassett Alderman McAlister feels that now is not the time to make a decision on the arts issue. He would like to see more input before we arbitrarily support the Arts Commission. Alderman Ryle agreed. Moved by Alderman Ryle that we set up a separate fund for administration of the activities center and auditorium. Motion seconded by Alderman Russell, and carried unanimously. Moved by Mayor Boyd that one-half of one percent of funds received be allocated to some form of artistic endeavor. Motion seconded by Alderman Russell, and lost by the following vote: Ayes: Mayor Boyd and Alderman Russell Nays: Aldermen McAlister, Bassett, Ashbrook, and Ryle Item 7a A proposed resolution was presented approving appraisal of an easement on Midwestern Parkway. RESOLUTION NO. 2044 RESOLUTION APPROVING APPRAISAL OF EASEMENT ON MIDWESTERN PARKWAY AND APPROVING THE PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the property hereinafter described for construction of the listed project, and, WHEREAS, such property value has been determined by the Public Works Department of the City of Wichita Falls and the amount of the value has been studied by the Board of Aldermen, and copies of the value are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1 The project and easement to be purchased is as follows: Midwestern Parkway Project From McNiel Street to Maplewood Avenue 0.0276 acre tract in Lots 1 and 2 of the Robert Forcum Addition. The total value approved in this resolution 300.00 503 Item 7a, cont'd. Section No. 2 The value of such easement is hereby approved and the City Manager is hereby authorized to purchase, by Easement, such tract of land as shown on the project right-of-way map. The authorized price to be paid for such tract is the value as determined from appraisal made by Public Works Department of the City of Wichita Falls. Section No. 3 In the event the City Manager is unable to purchase any tract for such value, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tract in the name of the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2044 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7b A proposed resolution was presented approving sale of surplus property on Kell right-of-way. RESOLUTION NO. 2045 RESOLUTION APPROVING SALE OF SURPLUS PROPERTIES ACQUIRED IN RIGHT OF WAY ACQUISITION FOR KELL FREEWAY. WHEREAS, the City of Wichita Falls in the purchase of right-of-way for Kell Freeway acquired fee title to remainders of properties outside the right of way required for Kell Freeway; and, WHEREAS, the remainders of these properties are surplus and it would be of benefit to the City of Wichita Falls to sell them. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section No. 1_ The City Manager is authorized to sell, through competitive bidding or by negotiation with abutting land owners, as provided by law, the following described surplus properties: KELL FREEWAY SURPLUS 1,676 s.f. the remainder of Middle 37.5 ft. of East 100 ft. of Lots 25 26, Block B, Wyatt South Side Addition. 4,100 s.f. , the remainder of South 75 ft. of East 100 ft. of Lots 25 & 26, Block B, Wyatt, Southside Addition. 3,009 s.f. , the remainder of Lot 8, Block 5, First H.W. Spivey Addition. 5,400 s.f. , the remainder of Lot 9, Block 5, First H.W. Spivey Addition. 7,523 s.f. , the remainder of Lot 10, Block 5, First H.W. Spivey Addition. 2,250 s.f. , the remainder of Lot 4, Block 48, Southland Addition. 3,375 s.f. , the remainder of Lot 5, Block 48, Southland Addition. 6,570 s.f. , the remainder of Lot 21, Block 61, Southland Addition. 2,262 s.f. , the remainder of the North 50 ft. of Lots 7 & 8, Block B, Kemp, Kell & Jolene Addition. Lot 14-A, Block 2, W. E. Wilson Addition. 2,550 s.f. , the remainder of Lot 1, Block 3, W. E. Wilson. 2,173 s.f. , the remainder of Lot 7, Block 19-A, Highland Addition. 5,348 s.f. , the remainder of Lot 18 & East 1.5 feet of Lot 17, Block 9, Highland Westside Addition. 504 Item 7b, cont'd. 3,700 s.f. , the remainder of Lot 2, Block 10, John W. Thomas Addition 5,775 s.f. , the remainder of Lot 1, Block 10, John W. Thomas Addition. 96.9 s.f. , a part of the remainder of Lots 5 & 6, Block 225, Original Townsite 3,487.5 s.f. , the remainder of Lot 5, Block H, Boyds Sub-Division of Grainger & Ballows Addition. 2,350 s.f. , the remainder of Lot 6, Block H, Boyd's Sub-Div. of Grainger Ballows Addition. Section No. 2 The Tax Assessor and Collector shall establish values for these properties, and they shall be sold for no less than these values. The City Manager is authorized to execute and deliver deeds to the purchasers. Moved by Alderman McAlister that Resolution No. 2045 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7c A proposed resolution was presented authorizing the City Manager to execute an application for grant funds for Lucyland construction. RESOLUTION NO. 2046 RESOLUTION AUTHORIZING CITY MANAGER TO MAKE APPLICATION FOR FEDERAL FUNDS FOR PHASE II OF LUCYLAND IN LUCY PARK. WHEREAS, Levi Strauss & Company and Women in Construction have requested assistance from the City of Wichita Falls in securing a federal grant through the Texas Parks and Wildlife Department for the purpose of developing Phase II of Lucyland in Lucy Park; and, WHEREAS, Levi Strauss & Company has informally obligated up to $8,000.00 for this project, with an additional $8,000.00 to be provided out of City funds, and it is desired that matching funds be obtained through a federal grant. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to file an application for such federal grant with the Texas Parks and Wildlife Department; the City Manager is further authorized to execute any necessary documents required to carry out and complete such grant, including the execution of the grant agreement. Moved by Alderman McAlister that Resolution No. 2046 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7d 4 A proposed resolution was presented awarding contract for completion of property services element. This is part of the Community Development Plan, 1980-2000, and will identify the property service needs to accommodate future growth of the city. This element will analyze the current water, sewer, and drainage systems, and make recommendations for increased or improved capacity to service the projected population of 156,000 by the year 2000. RESOLUTION NO. 2047 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BIGGS AND MATHEWS, INC. CONSULTING ENGINEERS FOR THE PROPERTY SERVICE ELEMENT. 505 Item 7d, cont'd. WHEREAS, The Property Service Element is part of the Community Development Plan, 1980-2000 for the City of Wichita Falls; and, WHEREAS, The Board of Aldermen have approved the funds for the preparation of the Property Service Element from the 1976-77 Community Development Block Grant program; and, WHEREAS, Biggs and Mathews, Inc. Consulting Engineers are familiar with the City's water, sewer, and drainage systems as a result of previous contract work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN FOR THE CITY OF WICHITA FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized to enter into a contract with Biggs and Mathews, Inc. Consulting Engineers for the preparation of the Property Service Element. Moved by Alderman McAlister that Resolution No. 2047 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7e A proposed resolution was presented authorizing the City Manager to execute an advertising lease at Municipal Airport with Imperial Motel. RESOLUTION NO. 2048 RESOLUTION APPROVING AGREEMENT WITH IMPERIAL MOTEL FOR ADVERTISING SPACE AT MUNICIPAL AIRPORT TERMINAL BUILDING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City and the Imperial Motel, concerning advertising space in the Municipal Airport Terminal Building, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2048 be passed. Motion seconded by Alderman Ryle, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7f Beginning on July 1, 1978, cities will begin to pay the cost of unemployment compensation for former employees. There are two methods which could be used to pay this cost. The first is a one percent tax paid quarterly to the Texas Employment Commission. This tax is based on every employee's earnings up to a maximum of $6,000 per year. The second method is to reimburse Texas Employment Commission for the exact money spent for unemployment compensation. Stephen Biles, Personnel Director, recommended the second method because he believes it will be less costly. He also recommended that we enter into a contract with Gates-McDonald to administer this service for the City, which will include training for our managers and supervisors with hiring or firing authority. RESOLUTION NO. 2049 RESOLUTION ELECTING THE REIMBURSEMENT METHOD FOR BENEFITS PAID UNDER UNEMPLOYMENT COMPENSATION, AND AUTHORIZING CONTRACT WITH GATES, McDONALD FOR ADMINISTRATIVE SERVICES UNDER UNEMPLOYMENT COMPENSATION. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 506 Item 7f, cont'd. SECTION 1. The City of Wichita Falls hereby elects to pay reimbursements for benefits paid to its former employees in lieu of paying contributions (taxes) under the unemployment compensation law, and the City Manager is authorized to give notice of this action to the Texas Employment Commission. SECTION 2. The City Manager is authorized to execute for the City of Wichita Falls a contract with Gates, McDonald, whereby Gates, McDonald will provide administrative services to the City under the unemployment compensation law for a period of one year, with a fee of $1,750.00. Moved by Alderman McAlister that Resolution No. 2049 be passed. Motion seconded by Alderman Russell, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7g A proposed resolution was presented approving Articles of Incorporation for North Texas Skills Center, Inc. This non-profit corporation was formed to lease the Travis Elementary School from the school system. The skills center will provide needs assessment for educational, vocational, and industrial-technical training needs; identify existing training programs; and develop a skills training program to meet the voids. City Manager Gerald Fox is listed as one of the Directors. RESOLUTION NO. 2050 RESOLUTION APPROVING THE ARTICLES OF INCORPORATION OF NORTH TEXAS SKILLS CENTER, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Articles of Incorporation of North Texas Skills Center, Inc. , a non-profit corporation being incorporated under the laws of the State of Texas, are hereby approved. Moved by Alderman McAlister that Resolution No. 2050 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7h A proposed resolution was presented authorizing the City Manager to execute a railroad crossing improvement agreement with Ft. Worth and Denver Railroad at Lawrence Road. RESOLUTION NO. 2051 RESOLUTION APPROVING PUBLIC ROAD RAILROAD CROSSING RECONSTRUCTION AGREEMENT WITH FORT WORTH AND DENVER RAILWAY COMPANY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Fort Worth and Denver Railway Company concerning the reconstruction of the Lawrence Road railroad crossing is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman McAlister that Resolution No. 2051 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None 507 Item 7i A proposed resolution was presented authorizing payment and furnishing of relocation assistance in certain cases of property acquisition when federal funds are used. RESOLUTION NO. 2052 RESOLUTION AUTHORIZING PAYMENT AND FURNISHING OF RELOCATION ASSISTANCE IN CERTAIN CASES OF PROPERTY ACQUISITION. WHEREAS, Section 1 of Article 3266b of the Revised Civil Statutes of Texas provides that when in the acquisition of real property for a program or project undertaken by any political subdivision of the State it becomes necessary that any individual, family, property of a business concern, farm or ranch operation or nonprofit organization be displaced, they may be paid their moving expenses and relocation payments, provided financial assistance to acquire replacement housing, or allowed rental supplements and compensation for expenses incidental to the transfer of property, all of such payments or expenditures are declared to be an expense and cost of such property acquisitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: In any case in which the City of Wichita Falls is acquiring property, and such acquisition is subject to the Federal Uniform Relocation Assistance and Real Property Acquisition Act, the City Manager is authorized to pay all such relocation costs and the costs of administering such relocation assistance as is required by such federal act. Moved by Alderman McAlister that Resolution No. 2052 be passed. Motion seconded by Alderman Bassett, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 7j A proposed resolution was presented approving a lease on the store at Lake v' Kickapoo to Marge Fenner, and terminating the lease with Walter Palmer and Hal LaCoste. RESOLUTION NO. 2053 RESOLUTION TERMINATING LEASE OF WALTER B. PALMER AND HAL P. LaCOSTE ON THE COMMERCIAL TRACTS ON THE NORTH SIDE OF LAKE KICKAPOO AS OF AUGUST 31, 1977, AND APPROVING AND RATIFYING A NEW LEASE AGREEMENT COVERING THESE PREMISES WITH MARGE FENNER, EFFECTIVE SEPTEMBER 1, 1977. WHEREAS, on April 22, 1974, the City of Wichita Falls entered into a lease agreement with Walter B. Palmer and Hal P. LaCoste for the lease of two commercial tracts containing a total of 5.93 acres on the north side of Lake Kickapoo, Archer County, Texas; and, WHEREAS, Mr. LaCoste and Mr. Palmer have sold the store and all of the stock and inventory contained therein to Mrs. Marge Fenner; and, WHEREAS, Mrs. Fenner wishes to obtain a new lease on these commercial tracts on the north side of Lake Kickapoo for a period of ten years beginning September 1, 1977 for an annual base rental of $450.00, payable on a basis of $37.50 per month together with the payment of a commission on the gross earnings of the business conducted on these premises beginning at 2.25 percent of the gross earnings of the business conducted on these premises of whatever kind or character in excess of $20,000.00 up to and including $40,000.00 up to a maximum commission of 10 percent of the gross earnings of the business over $100,000.00 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain lease agreement, whereby the City of Wichita Falls leased to Walter B. Palmer and Hal P. LaCoste two tracts of land on the north side of Lake Kickapoo in Archer County, Texas, is hereby terminated, effective August 31, 1977, and that certain lease agreement, a copy of which is attached hereto, whereby the City of Wichita Falls leases to Marge Fenner these commercial tracts on the north side of Lake Kickapoo effective September 1, 1977 is hereby approved, and the execution of same by the City Manager is further expressly ratified. 508 Item 7j , cont'd. Moved by Alderman McAlister that Resolution No. 2053 be passed. Motion seconded by Alderman Ashbrook, and carried by the following vote: Ayes: Aldermen McAlister, Bassett, Russell, Ashbrook, and Ryle Nays: None Item 8a Bids were considered on an annual supply of ready-mix concrete and bulk cement for all city departments. It was recommended that low bids be awarded as follows. City Concrete Company - Ready Mix Concrete 2000# Mix (4sk) 25.85 CY 2500# Mix (4 1/2 sk) 27.35 CY 3000# Mix (5 sk) 28.85 CY 3500# Mix (5 1/2 sk) 30.35 CY Additive-Quickset (CaC12) 1% $ .80 CY 2% 1.60 CY City Concrete Company - Bulk Cement - $9.90 Bbl. Moved by Alderman McAlister that low bids be awarded as recommended. Motion seconded by Alderman Russell, and carried unanimously. Item 9a Permission was requested to advertise for bids for mowing equipment for the Parks, Golf, and Cemetery Divisions, as follows. Two Utility Tractors One Utility Tractor with sickle mower One Utility Tractor with front end loader Two 72" Rotary Mowers Three 44" Rotary Mowers Moved by Alderman Ryle that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ashbrook, and carried unanimously. Item 9b Permission was requested to advertise for sanitary landfill and collection equipment. The landfill compactor would cost $55,000, and the earth mover-scraper would cost $65,000. These items would be purchased with funds from the Sanitation Department budget and borrowing from city surplus funds at an interest rate of 7.38 percent over a two-year period. Moved by Alderman McAlister that authority be granted to advertise for bids for the compactor and earth mover-scraper. Motion seconded by Alderman Russell, and carried unanimously. Ernest Lillard, Director of Public Works, stated that we have had an interest among our larger users to install a large compactor on their property. The City would furnish a truck which would handle this type of service, and get it to the landfill. Up to now they have not had enough customers to justify the purchase of this truck, but this service is now practical and profitable for us. Thirty-five customers have expressed an interest. They would go to those people to get a contract signed. Wesley Button and David DeLong appeared representing Bell Processing. They would like to put some figures together on truck costs and a recycling program. The recycling program would have a direct bearing on the type of equipment used. They would like to make a proposal to the City and industries for collection on the streets. The Council desired Bell Processing or anyone else to make a proposal for recycling. Moved by Alderman Ryle that we postpone action on this item until Bell Processing has an opportunity to work with the staff and come back with a recommendation. 509 Item 9b, cont'd. Motion seconded by Alderman McAlister, and carried unanimously. Item 9c Permission was requested to advertise for bids for construction of the Farmers Market in conjunction with the Depot Square project. Moved by Alderman Ryle that authority be granted to advertise for bids, as requested. Motion seconded by Alderman Russell, and carried unanimously. Item 9d Permission was requested to advertise for bids for high pressure sodium luminaires and lamps. This is part of the Community Development block grant program. Moved by Alderman Ryle that authority be granted to advertise for bids, as requested. Motion seconded by Alderman McAlister, and carried unanimously. Item 9e Permission was requested to advertise for bids for a multi-purpose excavating machine and a pneumatic tired roller for the Street Department. Moved by Alderman McAlister that authority be granted to advertise for bids as requested. Motion seconded by Alderman Ryle, and carried unanimously. Item 9f Moved by Alderman Russell that authority be granted to advertise for bids for CATV proposals, to be opened on February 7, 1978, at 2:00 P.M. Motion seconded by Alderman Bassett, and carried unanimously. Item 10 Moved by Alderman Ryle that minutes of the meetings of the following Boards and Commissions be received. a. Mayor's Commission on the Status of Women - October 6, 1977 b. Board of Electrical Examiners - November 8, 1977 c. Planning Board - November 9, 1977 Motion seconded by Alderman Ashbrook, and carried unanimously. Item lla Moved by Alderman McAlister that Special Assessment Adjustments (Paving) #11 through #21, in the amount of $6,133.75, be approved. Motion seconded by Alderman Bassett, and carried unanimously. Item llb J Moved by Alderman McAlister that Tax Adjustments #1 through #144, in the amount of $11,665.68, be approved. Motion seconded by Alderman Russell, and carried unanimously. 510 Item llc The City Manager gave a progress report on the activities center, stating that money will not change hands until January 1979. A public hearing is scheduled this evening at the Dillard Building. An auction will be held December 1, with material to be removed from the building by December 5. On December 9 the Pioneer Bowl chili cook-off will be held there. Alderman Russell explained that they will be asking for citizen input tonight into what uses the building can be made. She invited all to come. Item lld The City Manager noted the correspondence in the agenda folder from the Mayor of Lakeside City in which they withdrew their objections to the Lake Wichita-Holliday Creek flood control project. The Board of Rivers and Harbors is not expected to act on this matter before March 1978. Item lle Alderman Russell stated that the Ft. Worth Police Department is using a Citizens Band for communication, and would like us to look into it. v Alderman Russell noted that the Backdoor Theatre has a muralist who cannot work outside during the winter, and she would like the Council to consider an attractive addition to the Airport. The City would supply the paint, but the salary would be paid by Backdoor Theatre if we could work out an agreement. Ed Ilschner stated that he would pursue this possibility. Alderman Russell requested Bill Hursh to look into the possibility of a jogging trail called an exercourse at the Kell Parkway location. Mr. Hursh stated that they had looked at this for possibly Lucy Park and the Holliday Creek greenbelt. She suggested the Kell project, which may be a long way off. The City Manager stated that we would have to consult with the Highway Department because we don't own the land. She would like to have the legal ramifications and locality looked at. Alderman Ashbrook called for a short executive session to discuss personnel matters. Alderman McAlister was not in favor if it because he felt that all members of the Council should be present for this discussion, and Alderman Mathis is absent. Mayor Boyd inquired of Mr. Fox if he had received the information on the tax y A, ros status of the old Kay Jewelers Building at 9th and Indiana. Mr. Fox stated that the appraised value is $20,619, it is owned by Clifford Newton, and the taxes of $314.66 are currently paid. The Board of Aldermen adjourned at 4:00 P.M. PASSED AND APPROVED this J(l.;.f2i day of (-xi/2(7y 1977. 2 MAYOR ATTEST: j )yz,>t'CIT LERK A G R E E M E N T THIS AGREEMENT entered into this day of 1977, between the City of Wichita Falls, Texas, hereinafter called Lessor, and Jaywant C. Desai D/B/A Imperial Motel of Wichita Falls, hereinafter called Lessee. W I T N E S S E T H : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as the Wichita Falls Municipal Airport; and, WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows: I. Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense, a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and/or courtesy transportation to and from the Airport. II. The term ofthis lease will be for a period of one (1) year, commencing on the 1st day of December 1977 and ending on the 30th day pf November 1978- Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re-negotiations at the end of any or each of said one (1) year terms. III. In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No/100 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. IV. It is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forth- with, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, operating or removing said advertising sign and direct line telephone, or in any way con- tributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other covenant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. CITY OF WICHITA FALLS, TEXAS: By: Gerald G. Fox, City Manager ATTEST: Wilma J. Thomas, City Clerk LESSEE: By: APPROVED AS TO FORM: H.P. Hodge, Jr. , City Attorney